Wednesday, April 22, 2009

15 Mistakes The Police Make And How They Can Help You

1. Stopping a vehicle on the basis of an anonymous call. An officer can not rely on a phone call to stop you, if he does not have a name and address for the caller.

2. Following a driver into his residence without an invitaion or without enough information to justify the entry. Your home is protected under the fourth amendment.

3. Basing an arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. This often arises when he has not seen you in physical control of your car.

4. Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.

5. Stopping a vehicle without an articulable suspicion. An officer can not stop you just because he thinks you are suspicious.

6. Stopping a vehicle because it stops in the middle of the street or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.

7. Weaving within a lane. The statute only requires you to drive as nearly as is practible within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.

8. Stopping a vehicle based on a misperceived violation of a law. The officer must be right about his interpretation of the law.

9. Stopping a vehicle for an improper sign. Street signs and lane markings must comply with Texas law.

10. Failing to follow the rules of the Department of Public Safety, Breath Testing Manual. These failures may invalidate any alcohol testing.

11. Stopping at an improper roadblock. There are guidlines that must be followed to validate the stop.

12. Stopping a vehicle just to check the driver's license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.

13. Stopping a vehicle without being able to identify it as the one actually commiting a traffic infraction. Officers must be able to convince the Court that they stopped the right car.

14. Stopping a vehicle for no reason at all. It's done. Officers usually do not show up in Court on these.

15. Blocking a vehicle's exit without justification. Officers may not restrict a drivers freedom to leave without a reason.
15 Mistakes The Police Make And How They Can Help YouSocialTwist Tell-a-Friend

Driving While Intoxicated

Driving while intoxicated is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. It is illegal in all jurisdictions within the U.S. The specific criminal offense is usually called driving under the influence (of alcohol and/or other drugs, DUI), and in some states driving while intoxicated (DWI), operating while impaired (OWI), or operating a vehicle under the influence (OVI). Such laws may also apply to boating or piloting aircraft.

In the United States the National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died in 2006 in "alcohol-related" collisions, representing 40 percent of total traffic deaths in the US. Over 500,000 people were injured in alcohol-related accidents in the US in 2003. NHTSA defines fatal collisions as "alcohol-related" if they believe the driver, a passenger, or an occupant of the vehicle (such as a pedestrian or pedalcyclist) had a blood alcohol content (BAC) of 0.01 or greater. NHTSA defines nonfatal collisions as "alcohol-related" if the accident report indicates evidence of alcohol present. NHTSA specifically notes that "alcohol-related" does not necessarily mean a driver or nonoccupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol. On average, about 60 percent of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information. Drivers with a BAC of 0.10 are 6 to 12 times more likely to get into a fatal crash or injury then drivers with no alcohol.